Response to Amendment
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The amendment dated 12/23/25 has been received and e of record.
Applicant’s arguments with respect to claims 1, 10 and 35 has been fully considered but are moot in view of new ground of rejection.
For example, applicant the cited art fails to disclose the newly added claim limitation of “wherein the capability indication information is configured to indicate the configuration of the measurement gap supported by the UE through: a type of the configuration of the measurement gap indicating a type of the measurement gap supported by the UE; wherein the type of the configuration of the measurement gap comprises: the measurement gap supported by the UE being a network control small gap (NCSG) measurement gap”.
In response , Examiner asserts newly cited reference Yiu discloses wherein the capability indication information is configured to indicate the configuration of the measurement gap supported by the UE through: a type of the configuration of the measurement gap indicating a type of the measurement gap supported by the UE(see par. 0147-0149, wherein the UE capability information 908 can include one or more fields indicating (e.g., to the gNB 904) that the UE supports indicating per UE NCSG configuration); wherein the type of the configuration of the measurement gap comprises: the measurement gap supported by the UE being a network control small gap (NCSG) measurement gap(see fig. 9 and pars. 0147-0149). Hence, by encoding the capability information that can be configured to indicate that the UE 101 supports per UE network controlled small gap (NCSG) operation.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-17, 35, and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al. U.S. Patent No. 11,558,790 [herein after Cui] in view of Yiu et al. U.S. Patent Application Publication No. 2020/0084677[hereinafter Yiu].
As per claim 1, 10 and 35 Cui disclose a method for measurement gap processing, performed by a base station, comprising:
receiving capability indication information reported by a user equipment (UE), wherein the capability indication information indicates a configuration of a measurement gap supported by the UE( see the abstract and col. 8, lines 51-65, col. 13, lines 36-50, where network receives the capability information, that the UE supports multiple measurement gap patterns, where the measurement gap patterns are at least partially in parallel with each other).
Cui does not explicitly disclose wherein the capability indication information is configured to indicate the configuration of the measurement gap supported by the UE through: a type of the configuration of the measurement gap indicating a type of the measurement gap supported by the UE; wherein the type of the configuration of the measurement gap comprises: the measurement gap supported by the UE being a network control small gap (NCSG) measurement gap.
Yiu discloses wherein the capability indication information is configured to indicate the configuration of the measurement gap supported by the UE through: a type of the configuration of the measurement gap indicating a type of the measurement gap supported by the UE(see par. 0147-0149, wherein the UE capability information 908 can include one or more fields indicating (e.g., to the gNB 904) that the UE supports indicating per UE NCSG configuration); wherein the type of the configuration of the measurement gap comprises: the measurement gap supported by the UE being a network control small gap (NCSG) measurement gap(see fig. 9 and pars. 0147-0149). Therefore, it would have been obvious to one having ordinary skill in the art prior to effective filing date of the claimed invention to incorporate the teachings of Yiu into the system of Cui, thus when capability information (e.g., 908) can be encoded by the UE 101 for transmission within a serving cell of an evolved Node-B (eNB) 111. The capability information that can be configured to indicate that the UE 101 supports per UE network controlled small gap (NCSG) operation.
as per claim 2, 11 and 27 Cui discloses the method of claim 1, wherein the capability indication information further indicates the configuration of the measurement gap supported by the UE through
as per claim 3, 12, and 38Cui discloses the method of claim 2, wherein the number of configurations of the measurement gap comprises one of: a number of configurations of the measurement gap supported by the UE in one frequency range .(see col. 8, lines 51-65).; and a number of configurations of the measurement gap supported by the UE in multiple frequency ranges.(see col. 8, lines 51-65).
As per claim 4, and 14 the method of claim 2, wherein the type of the configuration of the measurement gap comprises at least one of:
the measurement gap supported by the UE being a network control small gap (NCSG) measurement gap; the measurement gap supported by the UE being a pre-configured measurement gap; and the measurement gap supported by the UE being a concurrent measurement gap(see col. 13, lines 37-50).
as per claim 5, and 15 Cui discloses the method of claim 4, wherein receiving the capability indication information reported by the UE comprises one of:
receiving a measurement and mobility parameter information unit (IE MeasAndMobParameters) signaling reported by the UE, wherein the IE MeasAndMobParameters signaling carries the capability indication information(see col. 13, lines 51-64, col; and col. 14, lines 54-65);
receiving a measurement and mobility parameter information unit (IE MeasAndMobParametersMRDC) signaling of multiple wireless system dual connectivities reported by the UE, wherein the IE MeasAndMobParametersMRDC signaling carries the capability indication information (see col. 13, lines 51-64, col; and col. 14, lines 54-65).
as per claim 6, and 16 Cui discloses the method of claim 5, wherein the capability indication information comprises at least one of: indication information for a NCSG measurement gap capability indication information configured to indicate a configuration where the UE supports an NCSG measurement gap (see col. 13, lines 37-50);
indication information for a pre-configured measurement gap capability indication information configured to indicate a configuration where the UE supports the pre-configured measurement gap; and
indication information for a concurrent measurement gap capability indication information configured to indicate a configuration where the UE supports the concurrent measurement gap (see col. 13, lines 51-64, col; and col. 14, lines 54-65)
as per claim 7 and 17 Cui discloses the method of claim 6, wherein the indication information for the concurrent measurement gap capability indication information is configured to indicate at least one of: a number of configurations of the concurrent measurement gap supported by the UE in one frequency range; and a number of configurations of the concurrent measurement gap supported by the UE in each frequency range of multiple frequency ranges.(see col. 8, lines 51-65).
as per claim 8 Cui discloses the method of claim 7, further comprising:
determining a measurement gap configuration based on a configuration where the UE supports the measurement gap determined based on the capability indication information (see col. 13, lines 51-64, col; and col. 14, lines 54-65)
as per claim 9 Cui discloses the method of claim 8, wherein determining the measurement gap configuration based on the configuration where the UE supports the measurement gap determined based on the capability indication information comprises one of:
determining the measurement gap configuration where the UE supports the NCSG measurement gap based on the configuration where the UE supports the NCSG measurement gap determined based on the capability indication information(see col. 13, lines 51-64, col; and col. 14, lines 54-65);
determining the measurement gap configuration where the UE supports the pre-configured measurement gap based on the configuration where the UE supports the pre-configured measurement gap determined based on the capability indication information(see col. 13, lines 51-64, col; and col. 14, lines 54-65); and
determining the measurement gap configuration where the UE supports the concurrent measurement gap based on the configuration where the UE supports the concurrent measurement gap determined based on the capability indication information. (see col. 13, lines 51-64, col; and col. 14, lines 54-65).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
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